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201301819
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Last modified
12/31/2013 12:56:44 PM
Creation date
3/8/2013 1:17:39 PM
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DEEDS
Inst Number
201301819
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201301819 <br /> Section 3.1. INSURANCE. Borrower shall obtain and maintain, or cause to be obtained <br /> and maintained, in full force and effect at all times insurance with respect to Borrower and the <br /> Property as required pursuant to the Loan Agreement. <br /> Section 3.2. TAXES AND OTHER CHARGES. Borrower shall pay (or deposit as reserves <br /> with Lender in accordance with the Loan Agreement) all real estate and personal property taxes, <br /> assessments, water rates or sewer rents (collectively "Taxes"), ground rents, maintenance <br /> charges, impositions (other than Taxes), and any other charges, including, without limitation, <br /> vault charges and license fees for the use of vaults, chutes and similar areas adjoining the <br /> Property (collectively, "Other Charges"), now or hereafter levied or assessed or imposed <br /> against the Property or any part thereof in accordance with the Loan Agreement. <br /> Section 3.3. LEASES. Borrower shall not (and shall not permit any other applicable <br /> Person to) enter in any Leases for all or any portion of the Property unless in accordance with the <br /> provisions of the Loan Agreement. <br /> Section 3.4. WARRANTY OF TITLE. Borrower has good, indefeasible, marketable and <br /> insurable title to the Property and has the right to mortgage, grant, bargain, sell, pledge, assign, <br /> warrant, transfer and convey the same. Borrower possesses an unencumbered fee simple <br /> absolute estate in the Land and the Improvements except for the Permitted Encumbrances, such <br /> other liens as are permitted pursuant to the Loan Documents and the liens created by the Loan <br /> Documents. This Security Instrument, when properly recorded in the appropriate records, <br /> together with any Uniform Commercial Code financing statements required to be filed in <br /> connection therewith, will create (a) a valid, perfected first priority lien on the Property, subject <br /> only to Permitted Encumbrances and the liens created by the Loan Documents and (b) perfected <br /> security interests in and to, and perfected collateral assignments of, all personalty (including the <br /> Leases), all in accordance with the terms thereof, in each case subject only to any applicable <br /> Permitted Encumbrances, such other liens as are permitted pursuant to the Loan Documents and <br /> the liens created by the Loan Documents. Borrower shall until the Debt is indefeasibly paid in <br /> full or satisfied warrant, defend and preserve the title and the validity and priority of the lien of <br /> this Security Instrument and shall until the Debt is indefeasibly paid in full or satisfied warrant <br /> and defend the same to Lender against the claims of all Persons whomsoever. <br /> Article 4 — FURTHER ASSURANCES <br /> Section 4.1. COMPLIANCE WITH LOAN AGREEMENT. Borrower shall comply with all <br /> covenants set forth in the Loan Agreement relating to acts or other further assurances to be made <br /> on the part of Borrower in order to protect and perfect the lien or security interest hereof upon, <br /> and in the interest of Lender in, the Property. <br /> Section 4.2. AUTHORIZATION TO FILE FINANCING STATEMENTS; POWER OF ATTORNEY. <br /> Borrower hereby authorizes Lender at any time and from time to time to file any initial financing <br /> statements, amendments thereto and continuation statements as authorized by applicable law, as <br /> applicable to all or part of the Personal Property and as necessary or required in connection <br /> herewith. For purposes of such filings, Borrower agrees to furnish any information requested by <br /> Lender promptly upon request by Lender. Borrower also ratifies its authorization for Lender to <br /> 79582.000016 EMF US 44373001 v 1 <br />
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